Achchelal And Another vs State Of U.P. And Another
2023 Latest Caselaw 12964 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 12254 of 2022
 

 
Applicant :- Achchelal And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Satya Narayan Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application U/S 482 Cr.P.C. has been filed for quashing the impugned order dated 9.3.2022 passed by learned Additional District and Session Judge/Special Judge (U.P.D.A.A.) Act, Lalitpur in Complaint Case No. 173 of 2015, (Smt. Ram Devi Vs. Achchelal & another(, S.S.T. No. 07 of 2017, under Sections 394, 397 IPC, P.S. Jakhalaun, District Lalitpur considering the compromise field between the applicant and opposite party no.2 dated 9.3.2022, pending in the Court of learned Additional District & Session Judge/Special Judge (U.P.D.A.A.) Act, Lalitpur.

Learned counsel for the applicants contends that the matter has been compromised between the parties and compromise deed dated 9.3.2022 has been filed as Annexure-4 to the affidavit accompanying the 482 Cr.P.C. application and the same has been verified by the court below which is on record. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicants has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicant in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.

Learned A.G.A. also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 26.4.2023A.